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Poster: paolocasalis Date: Jun 20, 2009 6:00am
Forum: 78rpm Subject: what about copyright for these songs in Europe??

Hi,I'm an italian filmaker and I would like to use a couple of songs for this collection in my indapendent documentary movie.
For example a song by edith piaf from here
http://www.archive.org/details/EdithPiaf-31-40

I've seen the type of license is only valid for the U.S.
Can someone please tell me something about using this type of license in europe?
In a few words:can I use these songs also in europe or not?
thanks
paolo www.unpassodopoaltro.it (movie dedicated website)

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Poster: LordOfTheExacto Date: Jun 22, 2009 9:38pm
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

So far as I know, everything on the Archive is public domain everywhere. The moderators are very careful about both American and foreign copyrights and won't allow uploads of material that is under copyright anywhere. That means you can use anything here in any way you want.

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Poster: Detective John Carter of Mars Date: Jul 21, 2009 4:39pm
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

@moderators are very careful

No. Audio upload volume is high, uploader details usually low or sometimes wrong or fake. So be very careful. Do your own legwork for anything you see.

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Poster: rgs_uk Date: Jul 30, 2010 1:39pm
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

Here's an example:

http://www.archive.org/details/PuttinOnTheRitz

'Puttin' On the Ritz' written by Irving Berlin. He lived to be 101 so didn't die until September 22, 1989!

How can that possibly be in the public domain? The recording may be but not the song.

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Poster: Video-Cellar Date: Jun 23, 2009 2:39am
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

When using music in film there are two seperate rights to look at:
1 the master rights (the sound recording)
2 the composition rights (the lyrics and melody as a musical composition.)

It is possible for one set of rights (the master) to have passed into the public domain while the other set of rights (the composition) are not.

Currently, all recordings made and released before 31 December 1958 are in the public domain in Europe, while most compostions are not out of copyright (songwriter copyright lasts at least 70 years after death). Record companies are allowed to distribute copies of the recordings without the permission of the song publisher because of "compulsory licensing" which allows anyone to record or use a composition in an audio recording by paying a standard royalty to a collection agency like MCPS. The rights to record a song or put a public domain recording on CD are called "mechanical rights".

When using music in film you also have to apply for "synchronisation rights". This is normally done through a copyright clearing house, but the song publisher and sometimes songwriter(s) have a say over who is able to use thier compositions in films. The price depends on the type of film, the type of use and the distribution of the film. The license may limit the period of time that the song can be used as part of the film soundtrack, the number of showings or the number of copies that can be distributed. You would be looking at a US$25,000 starting price for restricted use of a composition from a major publishing catalogue.

Take, for example, the first of the Piaf recordings "Sous le ciel de Paris". It was composed by Hubert Giraud, a well known French jazz musician and film composer, who composed many hit songs. Giraud is still alive, so his compositions have not passed into the public domain. His publisher in Europe is Campbell Connelly and Co, London and in North America it is Music Sales, New York.

You are best to get advice from a copyright lawyer or a clearing house. This usually costs money. The cheapest way to get music is to stick to pre-1958 recordings of 19th Century and earlier classic, popular and folk compositions, most of which are well out of copyright.

This post was modified by Video-Cellar on 2009-06-23 08:41:24

This post was modified by Video-Cellar on 2009-06-23 09:39:34

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Poster: paolocasalis Date: Jul 1, 2009 2:52pm
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

Thank to everyone for his help.
But Does anyone has a definitive response about it?
If I have understood well, I can't use Edith Piaf's songs in an european movie because she died in 1963, so less than 70 years ago.
Is it all correct?
so...why are these songs in archive.org?

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Poster: orfy Date: Aug 29, 2009 7:05am
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

Devono essere trascorsi 70 anni dalla morte dell'autore. Se copi da un disco o utilizzi file mp3 ottenuti da un disco, devono essere trascorsi 50 anni dalla sua incisione.
L'interprete (Edith Piaf) a sua volta può opporsi all'uso che si fa della sua prestazione (se vivo, non so i suoi eredi). In ogni caso devi citare autore, opera e interpreti (diritti morali).

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Poster: Detective John Carter of Mars Date: Sep 2, 2009 2:51pm
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

http://www.archive.org/about/faqs.php#296

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Poster: skies Date: Sep 2, 2009 4:25pm
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

I think rights end in France after 20 years then it's public domain,so I heard but can't totally guaranty accuracy of this statement!

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Poster: Seto-Kaiba_Is_Stupid Date: Jun 23, 2009 3:53am
Forum: 78rpm Subject: Re: what about copyright for these songs in Europe??

Hi Video-Cellar. I know this is completely off-topic, but I am a little confused by something. In the UK, many obscure budget labels like Hallmark (who are best known for those "Top of the Pops" sound-alike albums of the 70's) have released Elvis Presley's first album in the UK. However, some of these releases have began appearing on Australian iTunes. Is this even legal?